RED HERRING PROSPECTUS Dated August 24 ... - Globus Spirits

RED HERRING PROSPECTUS Dated August 24 ... - Globus Spirits RED HERRING PROSPECTUS Dated August 24 ... - Globus Spirits

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Sr. No Mark Registration Number Class Goods Covered Renewal Due Date 1 John Mc Lane 114532 33 Whisky, Rum, Brandy, Gin, Vodka, wine & other alcoholic beverages included in class 33 2 White Lace 114533 33 Whisky, Rum, Brandy, Gin, Vodka, wine & other alcoholic beverages included in class 33 3 Samurai (Logo) 114534 33 Whisky, Rum, Brandy, Gin, Vodka, wine & other alcoholic beverages included in class 33 4 Hannibal 114535 33 Whisky, Rum, Brandy, Gin, Vodka, wine & other alcoholic beverages included in class 33 5 Globus Spirits Logo 114556 33 Whisky, Rum, Brandy, Gin, Vodka, wine & other alcoholic beverages included in class 33 6 20-20 117531 33 Whisky, Rum, Brandy, Gin, Vodka, wine & other alcoholic beverages included in class 33 January 22, 2023 January 22, 2023 January 22, 2023 January 22, 2023 January 22, 2023 July, 22, 2023 There are no trademarks, other than mentioned above, and services marks, which have been applied for or registered or used by the Company. No patents or utility models have been applied for or granted to or used by the Company. There are no employee inventions or any compulsory licenses, which may be or have been granted in respect thereof. There are no material inventions used by the Company in respect of which patents have not yet been applied for or granted. There are no registered designs applied for or used by the Company. Due to the peculiar business of the Company (i.e., producing alcohol products), there are no internal documents setting out the policies and procedures followed by the Company in relation to intellectual property rights. There are no actual or threatened litigation or opposition proceedings relating to any intellectual property rights used by the Company. INDUSTRY REGULATIONS The movement of IMFL products is regulated across states. The entire process of manufacturing to distribution and sales attracts taxes a plenty. In India, alcohol is a state subject meaning that all tax and regulatory issues in the industry are controlled and regulated by the individual state governments and not by the central government. Alcoholic beverages are among the most highly taxed and highly regulated industries in India. The liquor industry is suffering from over taxation and over regulation, which has impeded the profitability even in the face of continuing growth in demand for liquor products. State governments have in the past capitalized on the price-inelastic characteristic of liquor consumption by imposing new and higher taxes on manufacture and sale of liquor in their respective jurisdictions. The net result is a complex and restrictive duty structure that varies from one state to another. State governments have typically levied a varieties of taxes on alcohol products including excise duty, sales tax, license fee, state-level import and export duty, bottling fee, welfare levy, assessment fee, franchise fee, turnover tax, surcharge etc. Regulatory changes have imposed a further burden in the industry by an amendment of section 206 C of the Income tax Act. The Government of India imposed a mandatory Income Tax of 1% to be collected at source on sales. This has had an impact of increasing the price of liquor products at the hands of the consumer. The Indian potable alcohol market has high entry barriers, largely due to government regulations. The policies and levies on alcohol vary from State to State. In most of the States, the distribution of alcohol is regulated by the concerned State Government. 119

Distribution of IMFL is also regulated in some states either through auctions or through government procurement agencies. These regulations create monopolistic environment, stifle entrepreneurship spirit and hamper growth. The industry is also constrained to cope with a ban on advertising of products. Advertising, the most effective tool for building brands and communication about products, has been denied to the liquor industry. In earlier years the policy of the Indian government was to discourage the consumption of alcoholic beverages. This even went so far as to involve total prohibition in some states. However, the resulting problems of illicit distillation, the leakage of government excise revenue and the problems involved in enforcement, led to a review of this policy. The importation of potable alcohol is subject to government licensing. (Source: Ministry of Food Processing Industries; http://mofpi.nic.in/industryspecificinformation/beer/beer.htm Within India itself, the policy of alcohol retail differs from state to state. While some states like Maharashtra, Uttar Pradesh, and Tamil Nadu have a liberal policy, some states like Haryana and Andhra Pradesh have had very bitter experiences in trying to make these states dry and have eventually had to withdraw the policy. (Source: Ministry of Food Processing Industries; http://www.ccsindia.org/ccsindia/RP01_6.html The policy for distillation of alcohol has been announced vide Press Note 4 (2006) according to which FDI upto 100% is permitted on the automatic route for distillation & brewing of alcohol subject to licensing by the appropriate authority. No industrial license is required for almost all of the food & agro processing industries except for some items like: beer, potable alcohol & wines, cane sugar, hydrogenated animal fats & oils etc. and items reserved for exclusive manufacture in the small scale sector. Items reserved for S.S.I. include pickles & chutneys, bread, confectionery (excluding chocolate, toffees and chewing-gum etc.), rapeseed, mustard, sesame & groundnut oils (except solvent extracted), ground and processed spices other than spice oil and olioresins, sweetened cashew nut products, tapioca sago and tapioca flour. Uses of foreign brand names are now freely permitted. MRTP (Monopolies & Restrictive Trade Practices Act) rules and FERA (Foreign Exchange Regulation Act) regulations have been relaxed to encourage investment and expansion by large corporates. FISCAL POLICY & TAXATION: Corporate taxes have been reduced and there is a shift towards market related interest rates. There are tax incentives for new manufacturing units for certain years, except for industries like: beer, wine, aerated water using flavouring concentrates, confectionery & chocolates etc. (Source: Ministry of Food Processing Industries, Government of India) 120

Distribution of IMFL is also regulated in some states either through auctions or through<br />

government procurement agencies. These regulations create monopolistic environment, stifle<br />

entrepreneurship spirit and hamper growth.<br />

The industry is also constrained to cope with a ban on advertising of products. Advertising, the<br />

most effective tool for building brands and communication about products, has been denied to<br />

the liquor industry.<br />

In earlier years the policy of the Indian government was to discourage the consumption of<br />

alcoholic beverages. This even went so far as to involve total prohibition in some states.<br />

However, the resulting problems of illicit distillation, the leakage of government excise revenue<br />

and the problems involved in enforcement, led to a review of this policy. The importation of<br />

potable alcohol is subject to government licensing. (Source: Ministry of Food Processing<br />

Industries; http://mofpi.nic.in/industryspecificinformation/beer/beer.htm<br />

Within India itself, the policy of alcohol retail differs from state to state. While some states like<br />

Maharashtra, Uttar Pradesh, and Tamil Nadu have a liberal policy, some states like Haryana and<br />

Andhra Pradesh have had very bitter experiences in trying to make these states dry and have<br />

eventually had to withdraw the policy. (Source: Ministry of Food Processing Industries;<br />

http://www.ccsindia.org/ccsindia/RP01_6.html<br />

The policy for distillation of alcohol has been announced vide Press Note 4 (2006) according to<br />

which FDI upto 100% is permitted on the automatic route for distillation & brewing of alcohol<br />

subject to licensing by the appropriate authority.<br />

No industrial license is required for almost all of the food & agro processing industries except for<br />

some items like: beer, potable alcohol & wines, cane sugar, hydrogenated animal fats & oils etc.<br />

and items reserved for exclusive manufacture in the small scale sector. Items reserved for S.S.I.<br />

include pickles & chutneys, bread, confectionery (excluding chocolate, toffees and chewing-gum<br />

etc.), rapeseed, mustard, sesame & groundnut oils (except solvent extracted), ground and<br />

processed spices other than spice oil and olioresins, sweetened cashew nut products, tapioca<br />

sago and tapioca flour. Uses of foreign brand names are now freely permitted. MRTP (Monopolies<br />

& Restrictive Trade Practices Act) rules and FERA (Foreign Exchange Regulation Act) regulations<br />

have been relaxed to encourage investment and expansion by large corporates.<br />

FISCAL POLICY & TAXATION:<br />

Corporate taxes have been reduced and there is a shift towards market related interest rates.<br />

There are tax incentives for new manufacturing units for certain years, except for industries like:<br />

beer, wine, aerated water using flavouring concentrates, confectionery & chocolates etc.<br />

(Source: Ministry of Food Processing Industries, Government of India)<br />

120

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